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Last modified
12/28/2016 4:30:09 PM
Creation date
11/8/2016 3:51:04 PM
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Ordinances
Ordinance Number
2016-014
Adopted Date
11/08/2016
Agenda Item Number
10.A.2.
Ordinance Type
Amendment to code
State Filed Date
11\08\2016
Entity Name
Amendment to Section 315.02, 315.03 of Chapter 315
Subject
Revising the definition of medical marijuana treatment center
Codified or Exempt
Codified
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(11) Operation of a pain management clinic or pharmacy in a manner which <br />allows, permits or encourages persons to stand, sit (including inside parked cars), <br />gather or loiter in or about the clinic's parking area, for a period of time exceeding <br />that which is reasonably required to arrive and depart the parking area, and to walk <br />to and from the parking area and the clinic; <br />(12) Continued leasing or permitted use of a property or structure which is used <br />as a pain management clinic or pharmacy if (a) the landlord or property owner <br />knows or, through the exercise of reasonable care should know, that the clinic or <br />pharmacy is being operated in violation of applicable law, and (b) despite the <br />passage of a reasonable period of time to do so, the landlord or property owner <br />has failed or refused to take reasonable measures to stop or prevent the continued <br />illegal activity on the premises; <br />(13) Failure to advise the department of any change in any information, <br />statements, facts or circumstances, as required by subsection 315.04(10); <br />(14) Cultivation, administration Admwnistrat. or consumption of marijuana at a <br />pain management clinic, including but not limited to Medical Marijuana Treatment <br />Centers; or <br />(15) Operating a medical marijuana treatment center that is not wholly owned <br />and operated by one (1) or more: <br />a. Board-certified anesthesiologists, physiatrists, or neurologists; or <br />b. Board-certified medical specialists who have also completed fellowships in <br />pain medicine approved by the Accreditation Council for Graduate Medical <br />Education or the American Osteopathic Association or who are also board- <br />certified in pain medicine by a board approved by the American Board of <br />Medical Specialties or the American Osteopathic Association and perform <br />interventional pain procedures of the type routinely billed using surgical <br />codes. <br />(16) Cultivation of marijuana, except as specifically authorized per section <br />381.986, Florida Statutes. <br />Section 4. Codification. It is the intention of the Board of County Commissioners that <br />the provision of this ordinance shall become and be made part of the Indian River County <br />Code, and that the sections of this ordinance may be renumbered or re -lettered and the <br />word ordinance may be changed to section, article or such other appropriate word or <br />phrase in order to accomplish such intention. <br />Section 5. Severability. If any part of this ordinance is held to be invalid or <br />unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall <br />not be affected by such holding and shall remain in full force and effect. <br />5 <br />
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